Litigation
A lawyer’s role is often focused on preventing or minimising disputes which can be achieved through drafting water-tight contracts and documents, reviewing agreements, and flagging potential issues. Despite everybody’s efforts, however, disputes do arise, and the parties involved can waste valuable time and resources in trying to resolve their differences.
If you are involved in a legal dispute, our role is to help you reach a resolution as quickly and inexpensively as possible, so we will start with what is known as alternative dispute resolution. As a last resort, we can advise and represent you in court proceedings whether in the Local, District, or Supreme Courts of New South Wales, the Federal Court of Australia, the Federal Magistrates Court of Australia or the various tribunals. We can help with matters such as:
- Debt recovery and compensation
- Contractual disputes, including property and employment disputes
- Company and partnership disputes
- Bankruptcy and insolvency proceedings
- Wills and estate disputes
- Consumer law matters
- Defence of prosecutions by State and Federal authorities
What is Alternative Dispute Resolution?
Alternative dispute resolution (ADR) includes various processes used to resolve a dispute without going to court. ADR includes negotiations and engaging in informal settlement conferences, mediation, and conciliation. It is less formal than court proceedings and typically less expensive and quicker than litigation. There are other advantages to ADR that court processes cannot provide. For instance, ADR can result in more flexible solutions than a court is able to order. Additionally, the less-adversarial approach of ADR can help preserve the relationship between parties, meaning that a commercial or personal relationship might be able to continue.
Sometimes, the provisions of a contract may require you to participate in an ADR process such as mediation before proceeding to court. Similarly, it is common for parties to court proceedings to be directed to attend mediation to try to resolve their matter before it may be heard by a court.
Most parties involved in a legal dispute will want to have it resolved as quickly and inexpensively as possible and we will help you to explore your options before resorting to court proceedings. Whether an ADR process is suitable may depend on the type of legal problem you have and, although litigation is almost always a last resort, it is a powerful method to enforce your legal rights.
What is litigation?
Litigation is the process of enforcing your legal rights through the court system. A civil court dispute generally arises when two or more parties are unable to resolve a matter concerning their respective legal rights and obligations. The nature and value of such matters can vary significantly and accordingly, different courts (and tribunals) have been established based on specific categories of disputes and the monetary value of a claim. The parties to a civil dispute may comprise individuals, corporations, government bodies or other entities.
Litigation starts with a “claim”, often a demand for payment of money or for the rectification of some form of agreement. If the other party does not comply with the request, the matter proceeds to a hearing where a judge (or other judicial officer such as a magistrate) decides who is right and makes orders to enforce its decision. Court orders may include the payment of money in the form of compensation, the garnisheeing of wages to satisfy a debt, or an injunction such as an order that stops somebody from doing something (for example, an order that prevents a person from selling a property while other issues are resolved).
Going to Court
If you are involved in litigation, it is important to understand the relevant court processes, the range of remedies that may be awarded, the likelihood of winning your case or successfully defending a matter, and the cost implications.
A cause of action must be properly identified in proceedings and supported by evidence which must be in an appropriate format. The strength of each parties’ case will be tested in the courtroom and witnesses may be called to support your case or that of your opponent’s.
Court proceedings run to a strict timetable and the parties must comply with directions hearings, status conferences, the filing of evidence, etc. A matter can be resolved before the final hearing and, in such cases, the parties will need to enter terms of settlement to formalise their agreement and dispose of the proceedings.
Litigation requires thorough preparation, and we will work closely with you so that you are aware of your options and properly prepared for your case. We are skilled negotiators and experienced advocates and have achieved successful outcomes for clients in a number of civil matters. We provide representation in and out of the formal court setting to deliver pragmatic strategic solutions for a range of legal disputes.
If you need assistance, contact [email protected] or call 02 9269 0662 for expert legal advice.